Change 1 Article Choose an article Title and introductory text 1 Meaning of “local authority” in Part I. 2 Promotion of well-being by community councils. 3 Limits on power to promote well-being. 4 Strategies for promoting well-being. 4A Strategies: parishes 5 Power to amend or repeal enactments. 6 Power to modify enactments concerning plans etc. 7 Power to modify enactments concerning plans etc: Wales. 8 Modification of section 137 of the 1972 Act. 9 Procedure for orders made by the Secretary of State under section 6. 9A Procedure for orders made by the Welsh Ministers under section ... 7 9B Permitted forms of governance for local authorities in England 9BA Power of Secretary of State to prescribe additional permitted governance arrangements 9C Local authority executives 9D Functions which are the responsibility of an executive 9DA Functions of an executive: further provision 9E Discharge of functions: general 9EA Discharge of functions of and by another local authority 9EB Joint exercise of functions 9F Overview and scrutiny committees: functions 9FA Overview and scrutiny committees: supplementary provision 9FB Scrutiny officers 9FC Reference of matters to overview and scrutiny committee etc 9FD Dealing with references under section 9FC(1)(c) 9FE Duty of authority or executive to respond to overview and scrutiny committee 9FF Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities 9FG Publication etc of reports, recommendations and responses: confidential and exempt information 9FH Overview and scrutiny committees: flood risk management 9FI Overview and scrutiny committees: provision of information etc by certain partner authorities 9G Meetings and access to information etc 9GA Meetings and access to information etc: further provision and regulations 9GB Further provision 9GC Absence of requirement for political balance 9H Elected mayors etc 9HA Election as elected mayor and councillor 9HB Time of elections etc 9HC Voting at elections of elected mayors 9HD Entitlement to vote 9HE Power to make provision about elections 9HF Alternative mayoral titles 9HG Alternative mayoral titles: further changes 9I Election and term of office of leader 9IA Removal of leader 9IB Leader to continue to hold office as councillor 9IC No other means of removing leader 9ID Regulations 9J Secretary of State's power to prohibit delegation of functions etc 9JA Overview and scrutiny committee 9JB Overview and scrutiny: flood risk management 9K Committee system: change to leader and cabinet executive 9KA Mayor and cabinet executive: adoption of leader and cabinet executive 9KAA Duty to retain leader and cabinet executive 9KB Executive arrangements: other variation of arrangements 9KC Resolution of local authority 9L Implementation: change in form of governance or change in form of executive 9M Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB 9MA Referendum: proposals by local authority 9MB Requirement to hold and give effect to referendum 9MC Referendum following petition 9MD Referendum following direction 9ME Referendum following order 9MF Further provision with respect to referendums 9MG Voting in and conduct of referendums 9N Requiring referendum on change to mayor and cabinet executive 9NA Effect of section 9N order 9NB Variation of mayoral executive 9NC Transfer of functions: changes in governance arrangements not subject to a referendum 9ND Transfer of functions: changes in governance arrangements subject to a referendum 9O General 9OA Interpretation 9P Local authority constitution 9Q Guidance 9R Interpretation of Part 1A 10 Executive arrangements. 11 Local authority executives. 12 Additional forms of executive. 13 Functions which are the responsibility of an executive. 14 Discharge of functions: mayor and cabinet executive 15 Discharge of functions: leader and cabinet executive (Wales) 16 Discharge of functions: mayor and council manager executive. 17 Discharge of functions: s. 11(5) executive. 18 Discharge of functions by area committees. 19 Discharge of functions of and by another local authority. 20 Joint exercise of functions. 21 Overview and scrutiny committees. 21ZA Scrutiny officers 21A Reference of matters to overview and scrutiny committee etc 21B Duty of authority or executive to respond to overview and scrutiny committee 21C Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities 21D Publication etc of reports, recommendations and responses: confidential and exempt information 21E Overview and scrutiny committees of certain district councils: functions with respect to partner authorities 21F Overview and scrutiny committees: flood risk management 21G Designated persons 22 Access to information etc. 22A Overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities 23 Further provision. 24 Absence of requirement for political balance. 25 Proposals. 26 Proposals not requiring referendum. 27 Referendum in case of proposals involving elected mayor. 28 Approval of outline fall-back proposals. 29 Operation of, and publicity for, executive arrangements. 30 Operation of different executive arrangements. 31 Alternative arrangements in case of certain local authorities. 32 Alternative arrangements. 33 Operation of alternative arrangements. 33ZA Changing governance arrangements 33A Executive arrangements: different form of executive 33B Executive arrangements: other variation of arrangements 33C Alternative arrangements: move to executive arrangements 33D Alternative arrangements: variation of arrangements 33E Proposals by local authority 33F Resolution of local authority 33G Implementation: new executive or move to executive arrangements 33H Implementation: other change in governance arrangements 33I General 33J New form of executive or move to executive: general requirements 33K Changes subject to approval in a referendum: additional requirements 33L Change not subject to approval in a referendum: additional requirements 33M Cases in which change subject to approval in referendum 33N Variation of mayoral executive 33O Interpretation 34 Referendum following petition. 35 Referendum following direction. 36 Referendum following order. 37 Local authority constitution. 38 Guidance. 39 Elected mayors etc. 40 Election as elected mayor and councillor. 41 Time of elections etc. 42 Voting at elections of elected mayors. 43 Entitlement to vote. 44 Power to make provision about elections. 44A Election of leader: whole-council elections 44B Election of leader: partial-council elections 44C Removal of leader 44D Term of office of leader: whole-council elections 44E Term of office of leader: partial-council elections 44F Leader to continue to hold office as councillor 44G No other means of electing or removing leader 44H Regulations 45 Provisions with respect to referendums. 46 Amendments to the 1972 Act. 47 Power to make incidental, consequential provision etc. 48 Interpretation of Part II. 48A Functions of the Lord President of the Council 49 Principles governing conduct of members of relevant authorities. 50 Model code of conduct. 51 Duty of relevant authorities to adopt codes of conduct. 52 Duty to comply with code of conduct. 52A County and county borough councils: duties of leaders of political groups in relation to standards of conduct 52ZA Duty to comply with code of conduct for corporate joint committees 53 Standards committees. 54 Functions of standards committees. 54A Sub-committees of standards committees 55 Standards committees ... for parish councils. 56 Standards committees or sub-committees for community councils. 56A Joint committees of relevant authorities in England 56B Annual reports by standards committees 57 Standards Board for England. 57A Written allegations: right to make, and initial assessment 57B Right to request review of decision not to act 57C Information to be given to subject of allegation 57D Power to suspend standards committee's functions 58 Allegations referred to Standards Board 59 Functions of ethical standards officers. 60 Conduct of investigations. 61 Procedure in respect of investigations. 62 Investigations: further provisions. 63 Restrictions on disclosure of information. 64 Reports etc. 65 Interim reports. 65A Disclosure by monitoring officers of ethical standards officers' reports 66 Matters referred to monitoring officers. 66A References to First-tier Tribunal for action in respect of misconduct 66B Periodic returns 66C Information requests 67 Consultation with ombudsmen . 68 Public Services Ombudsman for Wales . 69 Investigations by the Public Services Ombudsman for Wales. 69A Possible conflict of interest in an investigation 69B Investigation procedure 69C Information, documents, evidence and facilities 69D Obstruction and contempt 69E Disclosure of information 69F Power of the Welsh Ministers to amend this Chapter 70 Ceasing investigations etc. 71 Reports etc. 72 Interim reports. 73 Matters referred to monitoring officers. 74 Law of defamation: absolute privilege 75 Adjudication Panel for Wales. 76 Case tribunals and interim case tribunals. 77 Adjudications. 78 Decisions of ... interim case tribunals. 78A Decisions of First-tier Tribunal 78B Section 78A: supplementary 79 Decisions of case tribunals: Wales. 80 Recommendations by ... case tribunals. 81 Disclosure and registration of members’ interests etc. 82 Code of conduct for local government employees. 82A Monitoring officers: delegation of functions under Part 3 83 Interpretation of Part III. 84 Meaning of “local authority” and “principal council” in Part IV. 85 Options for elections England. 86 Power to specify a scheme for elections. 87 Power to change years in which elections held. 88 Separate power to make incidental provisions etc. 89 Consequential electoral changes. 90 Surcharge etc. 91 Advisory notices. 92 Payments in cases of maladministration etc. 93 Grants for welfare services. 94 Disclosure of information. 95 Unauthorised disclosure of information. 97 Background papers. 98 Meetings and documents: notice etc. 99 Allowances and pensions for certain local authority members. 100 Power to make provision about allowances. 101 Indemnification of members and officers of relevant authorities. 102 Social services functions. 103 Recoupment by local authorities of cost of providing day care. 104 Prohibition on promoting homosexuality: bullying. 105 Orders and regulations. 106 Wales. 107 Minor and consequential amendments and repeals. 108 Commencement. 109 Short title and extent. SCHEDULE A1 Executive arrangements in England: further provision SCHEDULE 1 Executive arrangements in Wales: further provision SCHEDULE 2 Election of elected mayor SCHEDULE 3 Amendments to the 1972 Act SCHEDULE 4 Standards Board for England SCHEDULE 5 Minor and Consequential Amendments SCHEDULE 6 Repeals
What to do with it
As published
16 Discharge of functions: mayor and council manager executive.
(1) Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
(2) The council manager—
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions—
(i) by the executive, or
(ii) by an officer of the authority.
(3) In deciding—
(a) whether or how to discharge any functions, or
(b) whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.
(4) Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.
(5) Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.
Your wording
Your change, as a redline
16 Discharge of functions: mayor and council manager executive.
(1) Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
(2) The council manager—
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions—
(i) by the executive, or
(ii) by an officer of the authority.
(3) In deciding—
(a) whether or how to discharge any functions, or
(b) whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.
(4) Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.
(5) Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.